New Cases For the Week of October 29, 2007 - November 2, 2007

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November 2, 2007

Case

Court

Holding

In re Wind N' Wave
(DBN Subscription Required)
9th Cir. Creditors who receive compensation under Bankruptcy Code section 503(b)(4) should also be compensated for costs incurred in litigating a fee award, so long as the services meet the section 503(b)(4) requirements and the case "exemplifies a 'set of circumstances' where litigation was 'necessary'." In an appeal arising after creditors petitioned a bankruptcy court to recover legal fees incurred in connection with filing an involuntary Chapter 7 petition against the debtor, a bankruptcy appellate panel (BAP) decision reversing the denial of such fees but denying fees for the appeal itself is reversed as the BAP erred in summarily denying creditors compensation for services arising out of the successful appeal.
     

October 30, 2007

Case

Court

Holding

Ellett v. Stanislaus
(DBN Subscription Required)
9th Cir. The failure of a debtor to provide an accurate social security number to a creditor in the notice mailed to the creditor informing it of the first meeting convened under 11 U.S.C. section 341(a), does not place the creditor on sufficient notice to protect its rights in a Chapter 13 Bankruptcy proceeding despite the fact that the mailing otherwise contained the debtor's correct name and address
     

October 29, 2007

Case

Court

Holding

McClelland v. Grubb & Ellis
(DBN Subscription Required)
Bankr. SDNY Where an estate professional is retained and paid by order of the Bankruptcy Court to perform work that is vital to the bankruptcy estate and the debtor’s plan of reorganization, a subsequent claim against that professional arising from the work performed on behalf of the estate is a “core proceeding” pursuant to 28 U.S.C. § 157(b).
     

 

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